A muralist is suing FIFA for $25 million after his whale painting in downtown Dallas was painted over ahead of the World Cup.
The “Ocean Life” painting by artist Wyland was partially covered with blue paint in May to make space for a piece commemorating the nine World Cup matches coming to Arlington, Texas.
Wyland is now suing FIFA and the owners of the two buildings where “Ocean Life” is painted for damages, citing the Visual Artists Rights Act of 1990 — a law that gives artists the right to claim authorship of their publicly displayed work.
The building’s owners, Slate and 3PZ Property Company, are accused of allowing “Ocean Life” to be “intentionally painted over and permanently destroyed” without seeking Wyland’s consent. Wyland sent the companies and FIFA a cease-and-desist letter last month to stop painting over his work, according to reporting by The New York Times, but the parties involved went forward anyway.
“The right of integrity grants Wyland the ability to prevent the destruction of any of his works of recognized stature, and to prevent any intentional distortion, mutilation, or other modification of his works of that would be prejudicial to his honor or reputation,” the lawsuit said. “The right of integrity can only be waived by Wyland if he has signed a written instrument expressly stating such.”
An environmentalist who incorporates social issues into his work, Wyland hand-painted “Ocean Life” in 1999 as part of the Whaling Wall mural series, which included whale-focused pieces in dozens of landlocked cities around the world. It originally covered two sides of the buildings it’s on, encompassing 17,000 square feet.
Check out DPL Art Librarian Mariza Morin’s Booked Solid blog post on public art in Dallas and find out where these whales have been hiding out for the past five years: https://t.co/0FoKeCINFr pic.twitter.com/L45CvFXw0e
— Dallas PublicLibrary (@dallaslibrary) July 15, 2020
“In their zeal to capitalize on the international attention on Dallas during the FIFA World Cup, Defendants hastily and irrevocably destroyed a civic landmark,” the lawsuit said. “Though FIFA claims they were working to develop art for the host city, in truth, they defaced an historic fixture of the host city.”
Recent photos show that the mural’s largest section, spanning the complete rear facade of one building, is now entirely covered by blue paint. Only a single humpback whale remains visible, which FIFA told Dallas news station NBC 5 will be left to “recognize the cultural and historical significance” of Wyland’s piece.
The lawsuit was filed in the U.S. District Court for the Northern District of Texas. Wyland is requesting a jury trial and that the defendants cover any legal fees as part of a potential resolution.
“FIFA has no involvement in this whatsoever and refers all inquiries on this matter to the host city committee,” FIFA said in a statement to The Athletic.
That body, the North Texas FIFA World Cup Organizing Committee, declined to comment on the lawsuit.